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Home , Bal Thackeray

India – Researched and compiled by the Refugee Documentation Centre of Ireland on 26 March 2010

Information on party in . What seats did the party win in the last election? Does the party have power in Punjab? Is the party influential in India as a whole? Any information on any policies or movements put forward by the party? Any information on whether the party has attempted to stop Punjabi men working outside the state of Punjab? Any report of the Shiv Sena being involved with the perpetrators of violence in Punjab or other parts of India?

An Immigration and Refugee Board of Canada country fact sheet on India, in a section titled “Political Parties” (paragraph headed “Shiv Sena (SS)”), refers to this party as follows:

“The SS was established in 1967 and is led by Balashaheb (Bal) Thackeray. Shiv Sena, meaning ‘Army of ,’ is a right-wing Hindu communalist party with some affiliation with the BJP. In 1993, the party's leader, Bal Thackeray, was investigated for ‘incitement of communal Hindu-Muslim violence;’ however, no charges were laid. The new administration tried to prosecute Thackeray for these offences in 2000, but was unsuccessful due to the statute of limitations. The party won 6 seats in 1998 and 15 seats in 1999. Following the elections of 2004, the SS secured 12 seats in the People's Assembly and 5 in the Council of States.” (Immigration and Refugee Board of Canada (May 2007) Country Fact Sheet – India, pp.9 -10)

In a paragraph headed “Shiv Sena” a BBC News document states:

“Shiv Sena is an ultra-nationalist Hindu party based in the western state of with a powerful presence in the state capital Bombay. It is headed by one of India's most controversial and militant right-wing leaders, Bal Thackeray. He formed the Shiv Sena in 1966 as a ‘sons of the soil’ movement, to fight for the rights of native Maharashtrians who, the party alleged, were under threat from other ethnic migrants. The party ran an intimidating and often violent campaign, targeting southern Indians who worked as clerks or owned small restaurants in Bombay. In later years, the Gujarati and the Muslim communities were similarly targeted. Over the years, the party has acquired a reputation of promoting religious and ethnic chauvinism while targeting minorities, especially Muslims. An important ally of the BJP, the western state of Maharashtra remains the Shiv Sena's main support base where it formed its first government in 1995.” (BBC News (21 May 2004) Main parties allied to the BJP)

In a paragraph headed “Shiv Sena (SS)” a document published by Human Rights Without Frontiers International states: “The Shiv Sena (Army of Shiva) is a political party in India that was founded on 19 June, 1966 by Bal Thackeray. Thackeray has since resigned and given the post to his youngest son Uddhav Thackeraym, but despite this, he still maintains control of the party while his son handles its day to day affairs. The party emerged from a movement to increase the influence of the Marathis language in the Indian state of Maharashtra, where the party's primary base resides. The party has moved from its pro-Marathi platform to a broader Hindu nationalist agenda and has aligned itself with the BJP. Several Academics describe the SS as a militant nativist organization. The SS maintains its ideology and is a right-wing political party. It has been accused of instigating many riots in the state, including the riots of the late 1960s, the Bhiwandi riots in 1984 and the Mumbai riots of 1992-93. The SS upholds itself as a nationalistic party and claims to not discriminate against any religion, caste and creed. They profess to be willing to go to any extent to eliminate the traitors or enemies of India and supposedly have a suicide squad known as the Balidani Jatha. The squad has been involved in aggressive protests.” (Human Rights Without Frontiers International (1 November 2009) India: Hindu Extremist Movements)

In a section headed “Attacks on the press freedom and minorities” the 2008 annual report from the Asian Centre For Human Rights states:

“On 14 August 2007, members of the Shiv Sena, a Hindu nationalist political party, ransacked the office of Outlook magazine at Nariman Point in Mumbai after the magazine included Shiv Sena chief Bal Thackeray in the list of ‘villains’ in a special issue to mark India’s 60th independence anniversary. A cartoon showing him dressed like accompanied the article. About a dozen Shiv Sena activists entered the office smashing windows and damaging computers.” (Asian Centre For Human Rights (December 2008) India: Indian Human Rights Report 2008, p.101)

In a section headed “Abuses of Religious Freedom” the 2009 US Department of State religious freedom report for India states:

“On July 9, 2008, a magistrate court convicted and sentenced to one year in jail a senior Shiv Sena leader and two others for inciting violence in the 1992-93 communal riots in Mumbai. The men were convicted of ‘promoting enmity between different religious groups.’ In December 1992 the senior politician had led a mob of more than 5,000 persons to a temple where provocative speeches were made. In June 2008 a Mumbai court acquitted 12 persons accused in the 1992-93 communal riot cases.” (US Department of State (26 October 2009) 2009 Report on International Religious Freedom – India)

A page published on the Indian Election Affairs website states:

“In 2009 General Elections, Shivsena won 11 seats from Maharashtra. A seat less than the number of seats it won in 2004 General Elections.” (Indian Election Affairs (undated) Shiv Sena Performance in General Election 2009) Please note the graphic on this webpage showing that Shiv Sena contested 22 seats in Maharashtra state and won 11, but won none of the 25 seats contested in other states.

Please see also page from MSN website showing that Shiv Sena won 11 seats in the 2009 elections.

A 2003 article from refers to Shiv Sena as follows:

“Lacking a constructive programme, the party has resorted to the oldest trick in its bag: the bogey of the `outsider' who snatches the rightful entitlements of the Marathi manus, the son of the soil. This is the latest episode in a long-running drama of resentment; the cast has changed through the decades, but the script remains the same. The Sena's original targets, through the 1960s and 1970s, were the `South Indians', a category that embraced diverse communities active in the learned professions, banking and private enterprise. During the 1980s, while aligning itself with the emerging Hindu-majoritarian forces, the Sena demonised the Muslims, a tendency that peaked in the 1992-1993 riots following the destruction of the Babri Masjid. More recently, its baleful glare has been directed at the bhaiyyas, as workers from northern India are collectively derogated in Sena demonology.” (The Hindu (24 November 2003) On the wrong track)

An article from The Telegraph states:

“Soon after, the Shiv Sena started an agitation against ‘outsiders’, targeting people whose mother tongue was Malayalam or Kannada. The agitations firmly established Bal Thackeray, till then a newspaper cartoonist with , and his Shiv Sena as the protector of Marathi interests. After a few years, the Shiv Sena transformed itself to become the protector of Hindu as well as Marathi interests. The Sena had no compunction about using violence to make its presence felt. Bombay saw frequent Sena-led violence. The ruling Congress governments did not fight the Sena but appeared to tolerate it. The Sena’s record of violence, the laxity of the -Shiv Sena government in the Nineties, and the ineffective subsequent nine years of the Congress-Nationalist Congress Party government led to Bombay’s decline as the commercial capital of India.” (The Telegraph (16 November 2009) Parochial Passions – Linguistic chauvinism must be rooted out before it’s too late)

A Khaleej Times article states:

“Periodically, the Shiv Sena, the parochial regional party that once ruled Maharashtra along with its ally, launches a campaign for the ostensible protection of the sons of the soil, the Marathi manoos (). In its four decades of history, there have been many such programmes-the party first began by asking south Indians to get out of the city, then shifted for a brief moment to Gujaratis, then became an aggressive, anti-Muslim, Hindutva spouting party and is now railing against ‘north Indians’ which translates as and UPiites.” (Khaleej Times (23 February 2010) Shiv Sena’s Desperate Gamble to Survive) An Economist Intelligence Unit country report states:

“An anti-immigrant campaign by Shiv Sena, an ultra-nationalist, far-right political party in the state of Maharashtra, has put the leadership of both the party (which leads the ruling UPA coalition) and the BJP in a difficult position and has given rise to worries that ethnic violence could tarnish the reputation of India's main financial centre (and Maharashtra's capital), Mumbai. Shiv Sena has been agitating for increased influence for Marathis, the state's main ethnic group, for some 50 years, demanding that they be given preference (for example, in job offers) over immigrants to Maharashtra from other Indian states. In recent years the party has gradually moved from merely pushing a pro-Marathi ideology to supporting a broader Hindu-nationalist agenda, and has aligned itself with the BJP.” (The Economist Intelligence Unit (Country Report Select) (1 March 2010) The political scene: Ethnic attacks in Mumbai divide India)

Under the heading “Employment and Self Employment Schemes” the Shiv Sena 2009 election manifesto states:

“Strict implementation of government rule for 80% skilled and unskilled jobs for local in all government and private establishments.” (Shiv Sena (2009) Shivsena- Bjp Alliance Assembly Elections-2009 Manifesto)

A Times of India article states:

“Pressing its demand for employment to 'sons of soil', Shiv Sena has asked Canara Bank to recruit at least 80% locals during its drive to fill up 1500 clerical posts. ‘We are keeping a minute watch on the candidates' selection process and have asked the Bank to keep aside 80% posts for locals,’ Sena leader Anil Desai said.” ( (16 March 2010) Shiv Sena wants 80% Canara Bank jobs for locals)

An Indian Express article on the alleged treatment by Shiv Sena of jobseekers from northern India states:

“Shiv Sena on Monday claimed that their party activists beat up and drove away scores of candidates from northern region candidates who came for railway recruitment exams in Mumbai. The party mouthpiece '' said that Shiv Sainiks were monitoring the movements of those who arrived in the metropolis throughout the night and beat the candidates.” (Indian Express (20 October 2008) We monitored and beat the examinees: Shiv Sena)

See also an article published on the One India website which states:

“The non-local job aspirants were allegedly beaten up by local aspirants and students at Ramachandrapuram near Hyderabad. The Ramachandrapuram police have arrested seven persons after two of the assaulted students filed an FIR. According to a police official, ‘The incident had flared up as the locals were upset as the final list for interviews did not include the names of the local candidates.’ The attack reflects the migrants versus local row in Maharashtra.

The Shiv Sena and the Maharashtra Navnirman Sena (MNS) have been targeting students and job aspirants from North India.” (One India (19 February 2010) TN job aspirants assaulted in Hyderabad)

A Frontline article on the alleged demolition of a mosque in Punjab state in 2001 states:

“Punjab saw in the New Year its own little version of the demolition of the Babri Masjid. On January 14, a dozen Shiv Sena activists broke down the walls of a mosque in Dhariwal village near Gurdaspur and installed a Siva idol in a room used for Id prayer s. A havan ritual was held at the site, and the activist continued to occupy the site until Punjab Police personnel intervened and arrested them. The mosque, a modest structure on a small plot of land which was never under any religious disputation, had been used on a regular basis before Partition. In recent years, use of the site, which is owned by the Punjab Wakf Board, had been restricted to Id and other religiously important days.” (Frontline Volume 18 Issue 3 (16 February 2001) Fundamentalist designs in Punjab)

A Compass Direct News report on the alleged beating of Christians in the Punjab town of Batala states:

“Hindu extremists from the and Shiv Sena on Feb. 20 beat Christians and vandalized two churches in Batala after a protest against an objectionable picture of Christ.” (Compass Direct News (1 March 2010) Recent Incidents of Persecution)

This response was prepared after researching publicly accessible information currently available to the Refugee Documentation Centre within time constraints. This response is not and does not purport to be conclusive as to the merit of any particular claim to refugee status or asylum. Please read in full all documents referred to.

References:

Asian Centre For Human Rights (December 2008) India: Indian Human Rights Report 2008 http://www.achrweb.org/reports/india/AR08/AR2008.pdf (Accessed 25 March 2010)

BBC News (21 May 2004) Main parties allied to the BJP http://newsvote.bbc.co.uk/mpapps/pagetools/print/news..co.uk/2/hi/south_asi a/3551067.stm (Accessed 25 March 2010)

Compass Direct News (1 March 2010) Recent Incidents of Persecution http://www.compassdirect.org/english/country/india/15839/ (Accessed 26 March 2010)

The Economist Intelligence Unit (Country Report Select) (1 March 2010) The political scene: Ethnic attacks in Mumbai divide India http://www.lexisnexis.com (Accessed 25 March 2010) This is a subscription database

Frontline Volume 18 Issue 3 (16 February 2001) Fundamentalist designs in Punjab http://www.thehindu.com/fline/fl1803/18030360.htm (Accessed 25 March 2010)

The Hindu (24 November 2003) On the wrong track http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2003112400851000.htm &date=2003/11/24/&prd=th& (Accessed 25 March 2010)

Human Rights Without Frontiers International (1 November 2009) India: Hindu Extremist Movements http://hrwf.net/uploads/Hindu%20extremist%20movements.doc (Accessed 25 March 2010)

Immigration and Refugee Board of Canada (May 2007) Country Fact Sheet – India http://www.unhcr.org/refworld/pdfid/47de29a30.pdf (Accessed 25 March 2010)

Indian Election Affairs (undated) Shiv Sena Performance in General Election 2009 http://electionaffairs.net/parties/shivsena.html (Accessed 25 March 2010)

Indian Express (20 October 2008) We monitored and beat the examinees: Shiv Sena http://www.indianexpress.com/story-print/375692/ (Accessed 26 March 2010)

Khaleej Times (23 February 2010) Shiv Sena’s Desperate Gamble to Survive http://www.lexisnexis.com (Accessed 25 March 2010) This is a subscription database

MSN.com (2009) India Election 2009 Results http://events.in.msn.com/indiaelections2009/results/partywise.aspx (Accessed 26 March 2010)

One India (19 February 2010) TN job aspirants assaulted in Hyderabad

http://news.oneindia.in/2010/02/19/tn-job-aspirants-assaulted-in-hyderabad.html (Accessed 26 March 2010)

Shiv Sena (2009) Shivsena- Bjp Alliance Assembly Elections-2009 Manifesto http://www.shivsena.org/SENA-BJP_Vachannama.pdf (Accessed 25 March 2010)

The Telegraph (16 November 2009) Parochial Passions – Linguistic chauvinism must be rooted out before it’s too late http://www.telegraphindia.com/1091116/jsp/opinion/story_11745708.jsp# (Accessed 26 March 2010)

The Times of India (16 March 2010) Shiv Sena wants 80% Canara Bank jobs for locals http://timesofindia.indiatimes.com/city/mumbai/Shiv-Sena-wants-80-Canara- Bank-jobs-for-locals/articleshow/5691058.cms (Accessed 26 March 2010)

US Department of State (26 October 2009) 2009 Report on International Religious Freedom – India http://www.state.gov/g/drl/rls/irf/2009/127365.htm (Accessed 25 March 2010)

Sources Consulted:

Asian Centre For Human Rights BBC Electronic Immigration Network European Country of Origin Information Google Human Rights Without Frontiers International Immigration and Refugee Board of Canada Lexis Nexis Refugee Documentation Centre Query Database United Kingdom Home Office UNHCR Refworld United States Department of State